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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Berta

SMC CUE 28 years of retro

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2004 SMC CUE award back to 1976:

https://www.va.gov/vetapp04/files3/0423933.txt

( only 10% -loss of creative organ) but 10% retro for 28 YEARS is a nice chuck of change.

This almost tops my favorite CUE claim  ( except all my winners)

which is Myler V Derwinski.   We have had other beautys here too.

 

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Oh just wait, Berta. I'm hatching my opus- SMC S to April 1970. They gave Johnny Vet 10% for eating a 60mm mortar (One (1) SFW moderate wound) and a handful of zeros for hearing, eyesight. No exam or x-rays.No investigation of TBI/PTSD or organic Brain injury. No neuro workup. Ten minute c&p without auscultation. I  responded to the NOD with 167 pages of service medical records under  3.156(c). They never went back to St. Louis to see if there were more STRs. This is the world-class RO legal team you're up against. 

This is why you'll always win with proper guidance. VA cannot do anything right. You have to find the error, exploit it properly and timely, and take it to the CAVC to win it. If you're adroit, you can get an agreeable DRO and strike a deal before you even turn on the mic in the hearing room.  Johnny Vet still has to sign off on it, too,  but these folks are as eager to put paid to it if it benefits the VA's interests. Of course, when you have them by the short hair, don't even bargain. I never gave anything up of value as a token to meet in the middle until the ILP Greenhouse last winter. I accepted a 20 X 28 instead of the 24 X 48 but I got two years of Veterans Benefits Manual, a 240 Volt incinerating portapotty, and expensive indoor LCD grow lights. I don't think I sold out. 

In fact, since they're still lollygagging around and haven't even built it yet, I filed another Extraordinary Writ May 13th. CAVC 17-1450 ( assigned to Bartley again). She did my #16-2098 last year. Coming up on two years. I asked for a panel to revisit Erspamer.  Check out my groveling bow from the waist attached below.

2017 CAVC Greenhouse filing in pdf .pdf

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Gordon  for those who dont know who he was------a true hero to me---and to veterans and

http://www.sfgate.com/bayarea/article/Gordon-Erspamer-legal-advocate-for-military-5902005.php

still speaks from the grave with the work he did for veterans.

http://www.abajournal.com/news/article/meet_gordon_erspamer_vas_worst_nightmare_in_ptsd_benefits_case

 

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